DOT ISSUES FINAL RULE ON LITHIUM BATTERY TRANSPORT
February 10, 2023
On December 21, 2022, DOT and the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) published a final rule on the safe transport of lithium batteries which will take effect on January 20, 2023. The final rule prohibits the transport of lithium-ion cells and batteries as cargo on passenger aircraft, requires that all lithium-ion cells and batteries be shipped at no more than 30% charge on cargo-only aircraft, and limits the use of alternative provisions for smaller lithium-ion cells or batteries to one package per consignment. The final rule also includes an amendment related to marking requirements for lithium cells and batteries, including a requirement that packages of smaller lithium-ion cells and batteries be marked with an indication that the package is forbidden for transport aboard passenger aircraft or labeled with the CAO label. The rule does include an exemption for the transport of lithium cells and batteries to be used in medical devices onboard passenger aircraft for destinations that are not well serviced by cargo aircraft. The rule also does not restrict passengers or crewmembers from bringing electronic devices onto aircraft nor does it restrict the transport of lithium-ion cells or batteries when packed with or contained in other equipment.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).
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